Beyond the Brief

Why is it ILLEGAL to Sell This Box?

Thu, 23 Apr 2026 13:15:00 +0000

Candi Mentink and Todd Collard sell personalized caskets to honor the deceased person’s unique life. They can ship these caskets almost anywhere in the world, but they can’t sell them to people in their own state of Oklahoma. That’s because Todd and Candi are up against one of the strongest economic cartels in America: the funeral industry.

Today we chat with IJ attorneys Renée Flaherty and Ben field to discuss how IJ is burying the funeral cartel— thereby lowering prices and giving everyone more choice in how they live and die.

https://youtu.be/ndEgQjxvcIQ

https://youtu.be/IIZUmFKirdk

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City Tried to CONDEMN Property Over 2 Stray Cats

Thu, 26 Mar 2026 13:15:00 +0000

What happens when the government tries to take well-kept homes and businesses by slapping them with a “blight” label that doesn’t fit? Perth Amboy, New Jersey, tried to do just that—but a court vacated the blight designation, blocking the city from taking those properties for private development.

Today we talk with IJ attorneys Robert McNamara and Bobbi Taylor about how this win happened, what it means for property owners, and why “blight” isn’t a magic word that makes legal protections disappear.

https://youtu.be/671ux5MfZ_4

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Courts Refuse To Protect Property Owners From Insane Fines

Thu, 12 Mar 2026 13:15:00 +0000

In Florida, if a town doesn’t like what you do with your lawn, you could face bankruptcy. Sandy Martinez is stuck with $165,000 in fines for completely harmless code violations, most of it for occasionally parking a car a little bit over her driveway and onto the grass. Jim Ficken faced foreclosure of his home because his grass grew too long while he was out of town.

Today we are joined by IJ attorneys Andrew Ward and Mike Greenberg. We’re discussing Florida’s devastating daily-accruing fine system, how courts have refused to stop these abuses, and how IJ is fighting back.

https://youtu.be/cnSW-AcP6_Q

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NYC has 1000’s of empty apartments. You’ll never guess why.

Thu, 26 Feb 2026 14:15:00 +0000

New York City is in a housing crisis—and according to official statistics, roughly 26,000 rent stabilized apartments sit vacant. That’s because New York City law makes many units unprofitable to rent. Today, we’re talking about IJ’s new federal challenge focused on vacant units—not occupied apartments—and what it could mean for property rights and renters.

Today we’re joined by IJ attorneys Suranjan Sen and Will Aronin.

https://youtu.be/8haAMezEe0M

Retired LAPD Lieutenant: “Ending Qualified Immunity Will Improve Policing”

Tue, 17 Feb 2026 14:15:00 +0000

What can we do to bring accountability to policing for the sake of both the public and police officers themselves? Today, we’re talking with special guest Jeff Wenniger, a retired LAPD Lieutenant who spent more than 30 years in law enforcement and is now an advocate for how to rethink law enforcement—grounded in trust, integrity, and true community partnership.

We’re also joined by IJ senior attorney Patrick Jaicomo, who leads IJ’s efforts to dismantle the legal doctrines that block accountability for police officers and other officials.

Today we talk with Jeff and Patrick about why policing needs more accountability, what cops really think about qualified immunity, and how we can make policing better for everyone.

https://youtu.be/mH4bl_e3w8g

Guests

Jeff Wenninger
Retired LAPD Lieutenant, Nationally Recognized Law Enforcement Expert, and Founder & CEO of Law Enforcement Consultants, LLC

Patrick Jaicomo
Senior Attorney

Americans Against Qualified Immunity

We are a grassroots movement of Americans from all walks of life working to ensure that if we must follow the law, then government workers must follow the Constitution.

Join the Movement

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BIG WIN: Town Banned from Warrantless Inspections

Thu, 22 Jan 2026 17:31:44 +0000

IJ just scored a win at a Pennsylvania appeals court that puts renters’ privacy rights on the same level as owners’ for the first time anywhere in the country. It was a wild ride featuring a violated court order, a stake out of a judge’s car, and obstruction designed to keep the inspection program a secret. It is also part of decades-long campaign to overturn the U.S. Supreme Court precedent that lets the government enter renters’ homes without a real warrant or suspicion of wrongdoing.

https://youtu.be/BjztA-fIvXg

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Americans Keep Getting Caught Up In Immigration Raids

Thu, 08 Jan 2026 15:00:00 +0000

Leo Garcia Venegas and George Retes were simply trying to work, when they got ensnared by dragnet federal immigration raids. Even though both men identified themselves as U.S. citizens, multiple agents aggressively detained them—in Leo’s case two separate times and in George’s case for three days. Now, as more citizens get swept up in these raids, Leo and George are standing up for their rights with IJ.

We’re here with IJ attorneys Jared McClain and Jaba Tsitsuashvili to discuss how current immigration raids are enabling warrantless government trespassing, arrests without probable cause, and other abuses of the Constitution.

To be clear, these cases aren’t about whether the government can enforce immigration laws. They’re about whether or not the government has to follow the Constitution, federal law, and its own regulations when it does.

https://youtu.be/BhFx47qLx7A

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Recent VICTORIES Against Civil Forfeiture

Thu, 18 Dec 2025 14:15:00 +0000

Brian Moore and Cristal Starling both lost their money to civil forfeiture, despite neither being charged with a crime. Both of them challenged those forfeitures and both of them got their money back. But only one is being made whole. We’re here with IJ senior attorneys Dan Alban and Paul Sherman to discuss two cases under the Civil Asset Forfeiture Reform Act—a law that’s supposed to protect innocent victims of wrongful forfeitures, and why it doesn’t go far enough.

https://youtu.be/_NJOTMszsJI

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She Spent Life Savings on Salon…City Council: “Nope.”

Tue, 02 Dec 2025 14:15:00 +0000

When Khalilah Few wanted to expand her natural hair salon business, she found a long-empty store front in Clayton County, Georgia, and spent her life savings renovating it. But she soon discovered that Clayton County singles out hair salons and barbershops for special restrictions. Because there are three other salons within several miles, the county told Khaliah she couldn’t open.

Today we talk with IJ senior attorneys Renée Flaherty and Will Aronin to discuss how Georgia protects the right to earn an honest living and how IJ will make sure Khalilah and other entrepreneurs can open for business.

https://youtu.be/5kN_buJhpvY

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How Police Around the Country Are Conducting Mass Surveillance

Fri, 31 Oct 2025 13:15:00 +0000

When you get in your car, you might be tracked by a network of AI-powered surveillance cameras. These cameras upload their information to a central database, where government officials around the country can see a detailed record of your movements.

But we’re fighting back against mass surveillance. Today we’re joined by IJ attorney Michael Soyfer and Communications Project Manager Dan King to discuss IJ’s new Plate Privacy Project and how everyday people are opposing this new threat to our constitutional rights.

https://youtu.be/4xU5AhwarSs

Plate Privacy Project

Our attorneys are experts on the Fourth Amendment and on how citizens can use it to fight back against government abuse of automatic license plate reader cameras.

learn more

A Pipeline Demanded Their Land for Pennies. They Fought Back.

Thu, 09 Oct 2025 13:15:00 +0000

When the government, or even a private company, takes your land using eminent domain, the law promises you just compensation. But what about the thousands of dollars you spent on legal fees fighting for your fair share? For a group of North Dakotans facing off against a natural gas company, the answer could be: Tough luck. Today we're joined by IJ Deputy Litigation Director Bob McNamara, and IJ attorney Matt Liles. We’ll discuss what just compensation really means, how the government lets private companies abuse eminent domain, and what IJ is doing to stop it. https://youtu.be/R7m8MdZD5KM Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

Plane Seized Over Six-Pack of Budweiser. Seriously.

Thu, 18 Sep 2025 13:15:00 +0000

Can the government take a $95,000 plane because a passenger used it to transport a six pack of Budweiser? The Alaska Supreme Court says yes but the U.S. Constitution says no. Today we chat with IJ attorneys Sam Gedge and Kirby West to discuss an outrageous new case from the Last Frontier and how forfeiture interacts with excessive fines, free speech, and more. https://youtu.be/KL3UlAt2XSk Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

Cop’s Lies Sent Innocent Girls to Prison…Still Employed.

Mon, 25 Aug 2025 13:15:00 +0000

In this episode, we bring you the disturbing story of St. Paul police officer Heather Weyker, whose lies led to the wrongful prosecution of dozens of people—and put an innocent teenage refugee in jail for two years. Will she ever be held accountable? Today we’re joined by IJ senior attorney Patrick Jaicomo, one of the leaders of IJ's Project on Immunity and Accountability. We’re discussing Patrick’s lawsuit against Officer Weyker, how courts have systematically closed doors to government accountability, and how IJ is trying to wrench those doors back open. https://youtu.be/rf_NetF2l9k Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now related video https://www.youtube.com/watch?v=HujPlUyTXRY

Another Game Warden Caught Spying: “This is a real problem”

Mon, 28 Jul 2025 13:15:00 +0000

Dalton Boley thought he found a refuge for him and his children in 10 acres of woods by his Alabama home. That is, until government officials started showing up on the land without a warrant.I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, joined by co-host Keith Neely, and today we’re discussing the Open Fields Doctrine and what IJ is doing to close this 4th Amendment loophole. We’re joined by IJ attorney Josh Windham. https://youtu.be/tyeF77uNjW0 Related Videos https://www.youtube.com/watch?v=Je8mOkgMoWk https://www.youtube.com/watch?v=XcnL6gF_ua4 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

The Scrappy Squad on a Mission to Free Cities

Thu, 03 Jul 2025 13:15:00 +0000

You shouldn’t need a law degree to start a barber shop, but entrepreneurs across the country face steep fees, delays, and confusing requirements before they ever even open. That’s why, in addition to suing cities when they violate people’s rights, IJ works with cities to make it cheaper, faster, and simpler to start a small business. Today we’re joined by Assistant Director of IJ’s Activism Team Jennifer McDonald, and Senior Policy Advisor Chad Reese to discuss how IJ makes Cities Work. https://youtu.be/IYN4RCN-yo8 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

ARRESTED for Telling Trespasser to Get Off Porch (BOGUS Warrant)

Fri, 20 Jun 2025 13:15:00 +0000

The Constitution requires a warrant before police can search you or your property. But what if that warrant is based on third-hand information? That’s what happened to IJ client Michael Mendenhall, and it happens across America every day. We recently spoke with IJ attorneys Patrick Jaicomo and Jared McClain to discuss how warrants are often just rubber stamps, and what IJ is doing to fix that. https://youtu.be/0hTQIAsDHX0 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

Feds’ Surveillance Scandal: “Cash me if you can”

Fri, 16 May 2025 13:15:00 +0000

A new financial surveillance dragnet is sweeping up ordinary cash transactions at small businesses near the US-Mexico border. The federal government has placed onerous new requirements on businesses that help people without bank accounts cash checks or send money to family members. It’s demanding reports on all transactions involving at least $200 in cash, subjecting innocent people to warrantless surveillance and burying small businesses in paperwork. Today we chat with IJ attorneys Rob Johnson and Betsy Sanz to talk about how IJ is fighting back against financial surveillance and the government’s war on cash. https://youtu.be/MGPC27FIrqE Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

Judges: Activist, Minimalist, or Something Else?

Fri, 02 May 2025 16:38:40 +0000

You might think constitutional lawsuits work like this: Find an unconstitutional law, challenge it in court, and if the law is truly unconstitutional, the court will strike it down. But in reality, a web of legal doctrines and ingrained attitudes mean judges have enormous leeway to avoid ruling against the government. On this episode, we talk with IJ attorneys Josh Windham and John Wrench on judicial deference and why courts protect some rights better than others. https://youtu.be/AwAFcSzqZ4A Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

FBI Raids Wrong House – No Remorse for Victims

Thu, 17 Apr 2025 13:15:00 +0000

In 2017, FBI agents, with guns drawn and a flashbang grenade, burst into the Atlanta home of Trina Martin, her then seven-year-old son Gabe, and her then partner Toi. Turns out, they had the wrong address. In April, Trina’s yearslong fight for accountability is heading to the U.S. Supreme Court. Today we chat with IJ client Trina Martin and IJ attorney Patrick Jaicomo about wrong house raids, what it’s like have the Supreme Court hear your case, and what victory will mean for Trina and all Americans. https://youtu.be/j2GboGENmoQ Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

14th Amendment: Securing Our Rights Against Tyranny

Fri, 04 Apr 2025 13:15:00 +0000

First enacted to ensure southern states respected the rights of newly freed slaves, the 14th Amendment is indispensable to modern civil rights litigation. But what does the amendment say and how does IJ use it to challenge everything from harassment by police to undue burdens on hair braiders? Today we’ll discuss all that and more with IJ attorneys Bob McNamara and John Wrench. https://youtu.be/xPPU9ZKWd0Q Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

EXCESSIVE FINE: $100k for Parking on Your Grass

Thu, 13 Mar 2025 14:00:00 +0000

$29,000 for overgrown grass. $16,000 for cracks in the driveway. $100,000 for parking incorrectly on your own property. These are some of the outrageous fines IJ’s clients have faced, often for harmless violations. The prohibition on excessive fines is one of our oldest rights, but governments, from small towns to federal agencies like the IRS, still issue ruinous fines and courts still rubberstamp these fines. IJ attorneys Sam Gedge and Michael Greenberg join us for the discussion. https://youtu.be/nRwi5QQMhYw?si=yTvNFAYtpQf1MtgW Case Video https://www.youtube.com/watch?v=arP5ZzT_ihU Working Mother of 3 Faces $100,000 Parking Violation Most people accept that the government can fine you a small amount for parking illegally. But can the government cripple you financially for how you park your car on your very own driveway? In Lantana, Florida, that is exactly what happened to local homeowner Sandy Martinez. The city fined her more than $100,000—at a rate of $250 per day—for violating an ordinance regulating how one can park their car on their own driveway. Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now

Government Caught Outlawing Private Charity

Fri, 28 Feb 2025 18:04:36 +0000

For centuries, people have helped their neighbors by providing food, shelter, and more to people in need. But all too often, the creativity and generosity of ordinary people conflicts with government regulations. That’s why IJ defends those providing private solutions to public problems. I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, with IJ senior attorney Jeff Rowes. https://youtu.be/aJxt3B43pg0 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

VICTORY: Creepy Predictive Policing Program Shut Down

Thu, 13 Feb 2025 15:41:05 +0000

In Pasco County, Florida, the Sheriff’s Office thought it had a great idea: make lists of who might commit crimes in the future and hound them and their families until they end up in jail or move away. Under Pasco’s so-called intelligence-led policing program, hundreds of people, many of them minors, were deemed “prolific offenders” based on a crude algorithm and subjected to relentless night-time visits, citations for minor code infractions, and other harassment. So, IJ sued, and in December we secured an agreement that will end the program for good and get justice for some of its victims. Today we are joined by IJ attorneys Ari Bargil and Will Aronin. https://youtu.be/YOMDobC5i0Q

The Government Can GIVE Your Home to Developers

Fri, 31 Jan 2025 15:00:34 +0000

In 2005, the U.S. Supreme Court issued one of its most reviled decisions in modern history, in Kelo v. City of New London. By a vote of 5-4, the Court said governments could use eminent domain to take private property and give it to private developers who might pay more in taxes. As Justice Sandra Day O’Connor said in her dissent, “The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.” Now, IJ has submitted a petition asking the Supreme Court to overturn that infamous decision. Today we talk with IJ Deputy Litigation Director Robert McNamara, and IJ President Scott Bullock, who argued Kelo at the Supreme Court. https://youtu.be/g-exnC-27lU Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

Badges & Bulldozers: Georgia’s Home Destructions

Thu, 16 Jan 2025 14:16:10 +0000

We all want to feel secure in our homes, and if the reckless or abusive acts of government officials violate that security, we expect to be able to hold them accountable. IJ recently launched two cases in Georgia to uphold that principle; one in which a town bulldozed a home without warning or compensation and another where FBI agents violently raided the wrong house. Today we are joined by IJ attorneys Dylan Moore and Patrick Jaicomo. https://youtu.be/z4jMHnwkOj8 https://www.youtube.com/watch?v=0syE4SY_6p8 https://www.youtube.com/watch?v=fGOJU4_tVJg https://www.youtube.com/watch?v=yRF74lBfjr0 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

Mom Mistakenly Jailed. Missed Christmas with Active Duty Son

Thu, 02 Jan 2025 15:16:28 +0000

On Christmas Eve 2022, Jennifer Heath Box got off a cruise ship in Florida, excited to return home to Texas and spend Christmas with her children before her son was deployed. Instead, police arrested her as she got off the ship, and she spent Christmas in jail, where guards pumped death metal music and freezing air into the cells. All because police were looking for a woman who didn’t look like Jennifer, was half her age, and didn’t even have the same name. To tell us more about the case, we interview IJ attorneys Jared McClain and Bobbi Taylor. https://youtu.be/bRbX9TtNGC0

Creepy AI-powered Surveillance Cams in 5,000 Cities and Counting

Mon, 16 Dec 2024 14:15:00 +0000

Not long ago, if police wanted to know where someone drove, they would have to follow that person for days, taking significant resources. But new technology allows the government to track everyone nearly all the time and to access that information without a warrant. As this technology spreads around the country, people are fighting back for the Fourth Amendment. Today we have with us IJ attorneys Robert Frommer and Michael Soyfer to discuss a new lawsuit in Norfolk, Virginia.  https://youtu.be/7S3bcS_SSUE

“Fish Cops” Flounder the 4th Amendment

Tue, 26 Nov 2024 14:16:45 +0000

In Pennsylvania, officers of the Fish and Boat Commission have the power to trespass on any land or water without a warrant. For one couple, that lead to repeated harassment at their lakeside home from a Waterways Conservation Officer. But the Constitution’s Fourth Amendment protects all Americans, including Pennsylvanians who live near water. Today we’re talking with IJ attorneys Kirby Thomas West and Dylan Moore about a new case challenging warrantless trespassing. https://www.youtube.com/watch?v=Xs5WEbit5Kg Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

When Lawsuits Go Viral with @CivilRightsLawyer

Thu, 14 Nov 2024 14:48:23 +0000

The proliferation of video is changing how Americans fight for their civil rights, and much of it is happening right here on YouTube. I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, together with co-host Keith Neely and IJ senior attorney Patrick Jaicomo. Today, we’re talking with special guest John Bryan, better known as The Civil Rights Lawyer. John knows firsthand how difficult civil rights lawsuits have become–and he previously partnered with IJ to overcome one of the many immunity doctrines that make it nearly impossible for ordinary people to vindicate their rights in court. As IJ unravels that web of government immunity, John has successfully turned to video to help hold abusive officials accountable. We're using different but complementary approaches to reach the same goals: bringing justice to victims and creating broader legal change. https://youtu.be/Pv8eVmyIXTU

Officer Caught Snitching on Domestic Abuse Victim

Thu, 24 Oct 2024 17:35:34 +0000

In 2013, a Clovis, California police officer found out that his girlfriend Desiree Martinez had reported him for physically abusing her—while Desiree was trapped in a room with him, leading to further horrific abuse. Incredibly, the informant was another officer who knew about Desiree’s boyfriend’s history of domestic violence. Desiree later sued that officer informant for enabling the abuse, but an appeals court granted qualified immunity to block the suit. Now, Desiree and IJ are asking the U.S. Supreme Court to make clear that government officials who knowingly place people in danger can be held accountable. Today we talk with IJ attorneys Anya Bidwell and Patrick Jaicomo about Desiree’s fight for justice. https://youtu.be/mmViazhu130 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

Town Council Blocks Business for Causing…Competition?!?

Thu, 10 Oct 2024 13:15:00 +0000

In America, the government doesn’t get to pick winners and losers in the marketplace. Yet states and cities throughout the country block new business to protect established interests. That’s when IJ steps in. Awa Diagne has been braiding hair for 30 years, but when she tried to open a braiding salon in an Atlanta suburb, the town told her it would provide too much competition. So, Awa and IJ are fighting back. Today we talk with IJ attorneys Renee Flaherty and Will Aronin about how IJ is protecting the right to make a living https://youtu.be/kD6T_n5_LP4 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

Popular Family Store Fights Bogus Eminent Domain

Sat, 28 Sep 2024 13:15:00 +0000

Can the government take your land just because they don’t like you? That’s happening to Brinkmann’s Hardware, a beloved local store in Long Island. After a lengthy fight, the town of Southhold, NY is now trying to take their land away through eminent domain—all to protect another business from competition. Today we talk with Hank Brinkmann and IJ Senior Attorney Jeff Redfern about how Brinkmann’s Hardware went from a small family shop to a champion of property rights—and their path all the way to the Supreme Court. https://www.youtube.com/watch?v=Ltd6hT9B5DQ related case Family-Owned Hardware Store Sues Long Island Town Trying to Take Away their Property The Brinkmann family owns hardware stores in Long Island and purchased property with the hope of opening a new store. The town now wants to take the land through eminent domain, simply because they don’t want another store. With the help of IJ, the Brinkmanns are fighting back against this unconstitutional tactic. view case Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

Rebel Ridge: Fact or Fiction?

Wed, 25 Sep 2024 13:15:00 +0000

The film Rebel Ridge came September 6 and shot to #1 on Netflix. It depicts a former Marine’s attempts to get his money back after it was taken by police through civil forfeiture. That story sounded pretty familiar to us at IJ. We have been working to dismantle civil forfeiture for decades, but unlike the film’s main character, our clients aren’t vigilantes who take the law into their own hands; instead, they fight back in court. So how accurate is Rebel Ridge’s portrayal of civil forfeiture? To find out, we talk with IJ attorney Kirby Thomas West. https://youtu.be/VsrytcKoE5k Know Your Rights Card Civil forfeiture is the process the government uses to take and sell your property—including cash, cars, and even homes—even if you have not been convicted of—or even charged with—any crime. Every year hundreds of thousands of Americans lose their property through civil forfeiture—don’t be one of them! download the card Your Property or Theirs? Once your property has been seized by the government there is a byzantine process to get it back. See the steps and pitfalls for navigating a federal forfeiture case in this comprehensive overview. view the process

Carrying Cash is NOT a Crime

Fri, 13 Sep 2024 13:49:19 +0000

It’s legal to travel domestically with any amount of cash. It’s legal to travel in and out of the U.S. with more than $10k if you declare it. But that doesn’t stop law enforcement from searching travelers’ property and seizing any cash they find without warrants or evidence of a crime. Today we talk with IJ attorneys Jaba Tsitsuashvili and Ben Field about how the government treats carrying cash like a crime and what IJ’s doing to fight back. https://youtu.be/WmVFud7v2r4 Know Your Rights Card Civil forfeiture is the process the government uses to take and sell your property—including cash, cars, and even homes—even if you have not been convicted of—or even charged with—any crime. Every year hundreds of thousands of Americans lose their property through civil forfeiture—don’t be one of them! download the card Your Property or Theirs? Once your property has been seized by the government there is a byzantine process to get it back. See the steps and pitfalls for navigating a federal forfeiture case in this comprehensive overview. view the process

To Serve, Protect, and…Fish for Cash? Bogus Traffic Stops Violate 4th Amendment

Thu, 22 Aug 2024 12:15:00 +0000

On a typical day, police officers pull over more than 50,000 drivers. If you’ve had a recent encounter with police, chances are good it was during a traffic stop. Traffic stops can lead to searches, arrests, and worse, yet they seldom involve a [search] warrant. So how did vehicles become Fourth-Amendment-free zones? Today we are joined by Josh Windham, the leader of IJ’s Project on the Fourth Amendment. We’ll explore how traffic stops are driving a hole through the Fourth Amendment and how IJ is pushing back. Tell Us Your Story Did police search your car? Did they fail to get consent or a warrant? We want to hear from you! IJ attorneys will review your potential case. get help

Speaking for a Living and the First Amendment

Thu, 08 Aug 2024 13:15:00 +0000

The freedom of speech protected by the First Amendment is a foundational and cherished right that sets America apart from other constitutional democracies. Many people think of the First Amendment in the context of controversial speech on highly politicized issues. But did you know that some of the most important free speech cases today involve uncontroversial speech on issues that matter to ordinary Americans in their daily lives? Today we have with us IJ Senior Attorneys Paul Sherman and Robert Johnson to discuss this trend and why it is affecting more and more Americans. https://youtu.be/6hPvz263OLw Learn more about our First Amendment work. Central to the mission of the Institute for Justice is reinvigorating the founding principles of the First Amendment to the U.S. Constitution. We seek to defend the free flow of information—information that is indispensable to our democratic form of government and to our free enterprise economy. learn more

Will the Supreme Court Finally Curb Civil Forfeiture? Maybe.

Fri, 26 Jul 2024 13:15:00 +0000

As our listeners probably know, civil forfeiture is legal practice that lets the government take and keep your property by claiming it’s connected to a crime, without needing to convict anyone. You can lose your property even when the government agrees you’re innocent. Recently, the Supreme Court decided an important forfeiture case. While the outcome was disappointing, the way they decided it gives us hope that the high court is finally ready to rein in this form of theft-by-government. Today we chat with IJ attorneys Dan Alban and Kirby Thomas-West to discuss Culley v. Marshall and what it means for the fight against civil forfeiture. https://youtu.be/TJtmmtRbrhs Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

SWAT Raids are Out of Control

Mon, 15 Jul 2024 13:15:00 +0000

Imagine a SWAT team raids a house—battering doors, breaking windows, and coating everything inside with tear gas residue. Now imagine the SWAT team had the wrong address. Who do think would pay for the damage? If you said insurance, you’re probably wrong. If you said the city, you’re probably also wrong. Today, IJ attorneys Jeff Redfern and Dylan Moore talk with us about this nightmare situation facing homeowners across America – and how the Institute for Justice is fighting to change it. https://youtu.be/peWkkpsvndY Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work? Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly

FBI Commits the Largest Armed Robbery in American History

Thu, 27 Jun 2024 12:29:50 +0000

In March 2021, people entered a private security-deposit box company in Beverly Hills, CA, broke open hundreds of boxes, and indiscriminately seized their contents – collectively worth over one hundred million dollars. Box holders lost their life savings, family heirlooms, important documents, and more. But the people who took their property weren’t mobsters; they were FBI agents. Today we have with us IJ attorneys Bob Belden and Mike Greenberg. They’re going to share with us the story of an unprecedented FBI raid – and how the Institute for Justice is making sure it never happens again. https://www.youtube.com/watch?v=FVcE3IzK4TA related case https://www.youtube.com/watch?v=31XBx_AbmqM Become a Monthly Donor: https://ij.org/support/monthly-giving/

IJ Client Fulfills Dream of Helping Others–Overcomes Permanent Punishment Law

Thu, 13 Jun 2024 10:00:00 +0000

We like to think of America as a land of opportunity and second chances. But what happens when a web of government restrictions prevents someone from earning an honest living due to past mistakes? Today we’re talking with IJ Attorney Andrew Ward, and Rudy Carey, a substance abuse counselor and former IJ client. We discuss so-called “permanent punishment” laws, the millions of people they affect, and how IJ is helping Americans get the fresh starts they deserve. https://youtu.be/yfApc87-eSg Related Case Videos https://www.youtube.com/watch?v=JiHMg2xBQUk https://www.youtube.com/watch?v=XVi1beANBBQ

Why Holding Feds Accountable is (ALMOST) Impossible

Wed, 12 Jun 2024 11:58:35 +0000

If a federal official violates your rights, is it impossible to hold them accountable? In this episode, we talk with IJ senior attorneys Anya Bidwell and Patrick Jaicomo, leaders of IJ’s Project on Immunity and Accountability. We discuss some outrageous cases of abuse by federal officials, why it’s so hard to sue the Feds, and what IJ is doing to clear a path to justice. https://youtu.be/teOXBgd3yCo?si=QBFZD6mrk-pAd2C-

Ruling Lets Gov’t TRESPASS on 96% of PRIVATE Land in the U.S.

Fri, 17 May 2024 13:56:37 +0000

Your home is supposed to be your castle. But what about the land your castle sits on? We discuss why it is that most private land in America gets no protection from warrantless government surveillance. We are joined by IJ attorney and co-director of IJ’s Project on the Fourth Amendment, Josh Windham. https://youtu.be/jN-VEE7fAEs related report Good Fences? Good Luck Released in the Cato Institute’s Regulation magazine, IJ’s study “Good Fences? Good Luck” is the first study to put a number on the amount of private property vulnerable to warrantless searches by federal agents thanks to a legal precedent known as the “open fields doctrine.” It finds that nearly 96% of all private land in the country—about 1.2 billion acres—is essentially open to federal government trespass. read report

Government Retaliation is Out of Control

Thu, 02 May 2024 16:19:48 +0000

What can Americans do if the government retaliates against them for speaking out? Today we're going to discuss real world examples of governments retaliating against citizens for speech they don’t approve of. We are joined by IJ Attorneys Kirby Thomas West and Ben Field. https://youtu.be/Yhji-Uyn23Y

Qualified Immunity Protects the FBI, Your Mayor, and ALL Officials. Not Just Police.

Wed, 17 Apr 2024 12:19:15 +0000

Does qualified immunity actually accomplish what the Supreme Court intended? Kim Norberg and co-host Keith Neely discuss qualified immunity and how it plays out in the real world. IJ Senior Attorney Bob McNamara and data scientist Jason Tiezzi join to discuss Unaccountable, IJ’s new report that examines qualified immunity by the numbers. The report uses the largest ever collection of federal appellate cases, covering the 11-year period from 2010 through 2020. It is also the first to use cutting-edge automated techniques to parse thousands of federal circuit court opinions and answer key questions about cases where government defendants claim qualified immunity—what kinds of officials and conduct it protects, its impact on civil rights cases, and whether the doctrine is achieving its aims. https://www.youtube.com/watch?v=ag6SLAnfKtw Unaccountable When people hear “qualified immunity,” they tend to think “police misconduct.” But IJ’s qualified immunity cases frequently involve other types of officials and allegations. Now a new IJ study of more than 5,500 federal qualified immunity appeals shows those cases aren’t outliers. Unaccountable finds only 23% of appeals involved police accused of excessive force. Police often claimed qualified immunity, of course, but so did social workers, college deans, mayors, and many other government officials. And the violations victims alleged were similarly diverse, with almost 20% of appeals featuring First Amendment claims, usually premeditated retaliation for disfavored speech or other protected activity. Unaccountable finds qualified immunity hobbles victims of government abuses like these and fails to accomplish the goals supporters claim it’s needed to achieve, strengthening the case for ending the doctrine. Read Report

New Jersey Was Caught Keeping Baby Blood

Fri, 05 Apr 2024 14:03:16 +0000

Unbeknownst to parents, a portion of their baby’s blood remained unused after a standard screening was complete. And New Jersey had unilaterally decided that it could keep that blood for 23 years. Even worse, New Jersey, along with other states, believed it could use that blood however it saw fit, whether that be selling it to third parties, giving it to law enforcement, or even turning it over to the Pentagon. On today’s episode of Beyond the Brief, hosts Kim Norberg and Keith Neely talk to IJ Attorneys Rob Frommer and Brian Morris about New Jersey’s creepy baby blood collection scheme. https://www.youtube.com/watch?v=1ypXPwkNoFI Case Page: https://ij.org/case/new-jersey-genetic-privacy/ News Article: https://newjerseymonitor.com/2023/11/14/civil-rights-concerns-grow-over-baby-blood-tests-as-state-mulls-genomic-sequencing/

Deep Dive is now Beyond the Brief

Thu, 04 Apr 2024 20:15:53 +0000

Deep Dive is now becoming Beyond the Brief. We will still bring you the same great IJ-related content as before, but now in a studio setting. Stay tuned.

Will the Supreme Court Limit Police Power to “Stop and Frisk”?

Thu, 20 Jan 2022 21:04:35 +0000

Why so-called Terry stops are a threat to essential Fourth Amendment rights

These Inspectors Think “Open for Business” Means “No Warrant Required”

Thu, 13 Jan 2022 21:43:56 +0000

In Ohio, wildlife inspectors think that the law gives them permission to come into private businesses without permission—no probable cause or warrant required

When Can Your Past Bar You From a Job—And When Should It?

Wed, 05 Jan 2022 16:27:14 +0000

In Virginia, any one of 176 so-called barrier crimes can disqualify a person from work in certain occupations for life—no matter how old the conviction, how unrelated it is to the work the person desires to do, or how little it reflects the person’s fitness today. These laws kept IJ client Rudy Carey from fulfilling work as a substance abuse counselor for people he is uniquely fit to help. In today’s show, we talk about what happened to Rudy and how he is fighting against collateral consequences laws that are irrational and unjust. https://youtu.be/zjOqwT5M7Xw Click here for more Deep Dive episodes. Download the MP3 here.

Grand Theft Auto in Wilmington, Delaware

Thu, 21 Oct 2021 21:52:00 +0000

In Wilmington, Delaware, any car with more than $200 in outstanding fines can be towed by private towing companies. Vehicle owners have no way to contest the tickets or seizure without first paying the city everything it demands in parking tickets, fines, fees, and penalties. If they can’t afford to pay in 30 days, the companies get to scrap their cars and keep their full value, returning nothing to the property owners and not even crediting part of the value of the car to the underlying fines. In exchange, the city gets a free impound program; property owners lose everything. In today’s episode, we will talk about all the ways that this system violates constitutional rights—and what two residents are doing to fight it.

IJ at 30: IJ President Scott Bullock on the Cases and Clients that Changed IJ and the Law (A Deep Dive Best Of)

Tue, 28 Sep 2021 11:37:36 +0000

Before he was IJ’s president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as a litigator, from the first case he litigated on behalf of African hairbraiders in Washington, D.C., to arguing at the 5th Circuit that Benedictine monks should be able to earn an honest living selling hand-crafted wooden caskets. Scott also discusses what went into launching IJ’s civil forfeiture initiative and the way that IJ client Russ Caswell helped set the standard for forfeiture cases.

Will the Supreme Court overturn its infamous decision letting developers take your property?

Thu, 26 Aug 2021 23:24:14 +0000

Though Susette Kelo’s fight to save her home from her city’s efforts to take it for a private developer ended in 2005, the fight against eminent domain abuse has continued. In today’s show, we revisit that landmark decision and talk about the aftermath and where the biggest eminent domain battles are happening now, from pretextual takings to “common carrier” seizures. We also discuss Eychaner v. Chicago and other signals that the Supreme Court is ready to correct its Kelo errors.

These People Lost $85 Million in an L.A. Heist…and the Robber was the FBI

Mon, 09 Aug 2021 17:06:54 +0000

In March 2021, FBI agents broke into private safe deposit boxes at the Southern California business U.S. Private Vaults and—though no individual box owner was suspected of wrongdoing—rifled through and cataloged owners’ belongings, then seized the contents. Property owners are fighting back, and in today’s episode, we talk about what happened, all the reasons that the government’s behavior was illegal and unconstitutional, and why protecting financial privacy is so crucially important for all Americans.

Cities Caught Extracting Millions From Residents Through Fines and Fees Traps

Tue, 29 Jun 2021 18:23:41 +0000

In Episode 30 of Deep Dive, we talked about how fines for harmless property code violations could snowball into six-figure debt. All too often, municipalities set up these “taxation by citation” schemes to bolster city budgets—not protect public health and safety. Schemes like this are rife with due process problems, and in today’s episode, we discuss the way Kafka-esqe code enforcement systems in many cities make it very easy to incur ever increasing amounts of fines and fees—while erecting barriers that make it very difficult to challenge them. We’ll also talk about what the Constitution means when it guarantees due process and IJ’s legal strategy for tackling abusive fines and fees regimes.

Supreme Court Shuts Down Police on Entering Your Home Without a Warrant

Mon, 21 Jun 2021 18:17:02 +0000

This term, the U.S. Supreme Court issued a unanimous opinion in Caniglia v. Strom, a case about the “community caretaking” exception to the general principle that police need a warrant before entering a home. In today’s episode, we talk about what the government and the property owner argued in that case and what the Court ruled. We also dig into the history of the community caretaker doctrine and the biggest current threats to Fourth Amendment protections against search and seizure.

This Florida Woman Got a $100,000 Fine for Parking in Her Own Driveway

Mon, 24 May 2021 17:51:08 +0000

After Sandy Martinez got a ticket from Lantana, Florida, for parking her car with its wheels slightly outside her driveway and on the grass in her yard, she didn’t know that she was being fined a whopping $250 per day by the town. Weeks later, when she learned about the fines, the bill had accrued to an eye-watering $101,750, and she realized that a harmless code violation had brought her to the brink of financial ruin. In today’s episode, we talk about how and why cities rely on fines and fees for revenue, the ways these systems are deeply problematic, and what courts can do to enforce constitutional protections for all Americans. Download the transcript here. This transcript was originally generated via AI, but lightly edited by an IJer. Please excuse the occasional typo.

These Laws Let Your Competitors Decide When Your Business is “Needed”

Thu, 06 May 2021 14:52:20 +0000

When IJ client Abdallah Batayneh tried to open a resort shuttle service in rural Colorado, his application was denied by a state regulatory agency at the same time it assured him that he was “operationally, managerially, and financially fit” to run his company. In today’s episode, we discuss how Abdallah became the victim of an outrageous legal regime that many states erected to protect existing businesses at the expense of new start-ups and customers—and how and why these laws should be eliminated nationwide.

Law for Non-Lawyers – Standards of Review (A Deep Dive Best of)

Fri, 30 Apr 2021 15:38:59 +0000

What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only “rational basis” review? And why do these things matter to a constitutional litigator? Learn all this and more in today’s Deep Dive with the Institute for Justice. This episode originally aired October 29, 2019.

Bitcoin and the Constitution: Is Code Speech?

Tue, 13 Apr 2021 12:21:03 +0000

Although Bitcoin and other cryptocurrencies are hitting the mainstream, the way the law will treat them is still undeveloped. In this episode, we talk about how and whether the First and Fourth Amendments might apply to cryptocurrency, what kind of protection they offer, and ways to make sure the law develops in a way that protects innovation and opportunity.

“Predictive Policing” Algorithm Creates a Dystopian Nightmare for Residents of This Florida Town

Mon, 29 Mar 2021 12:46:33 +0000

When the Institute for Justice filed suit against the so-called predictive policing program in Pasco County, Florida, the Sheriff’s Office issued a statement saying that their program is not “in any way, shape or form the ideals or implementations projected in the film ‘Minority Report.'" But in this episode of Deep Dive, we discuss the chilling reality of a program that targets residents for possible future crimes based on a crude algorithm, as well as the program’s myriad constitutional violations and IJ’s lawsuit to end it. Tampa Bay Times Exposé of the Predictive Policing Program: https://projects.tampabay.com/projects/2020/investigations/police-pasco-sheriff-targeted/intelligence-led-policing/ Show Notes Tampa Bay Times Story Announcing IJ’s Case: https://www.tampabay.com/investigations/2021/03/11/lawsuit-pasco-intelligence-program-violated-citizens-rights/ Press Conference Where IJ Clients Targeted by the Program Tell Their Stories: https://www.youtube.com/watch?v=vBLR4IL2VHg&t=452s Click here for more Deep Dive episodes. Download this episode as an MP3.

Talking to a Client in the Wrong Location Makes This Counselor a Criminal

Thu, 11 Mar 2021 22:28:03 +0000

Elizabeth Brokamp is a professional counselor who just wants to help people at a time when many Americans need it more than ever. But if the Virginia resident tries to talk with clients just miles away in D.C., she will cited and fined for making a Zoom call. In today’s show, we talk about what she’s doing to fight back, and why her case is a crucial part of the fight to protect free speech.

Uses (and Misuses) of Amicus Briefs | (A Deep Dive Best Of)

Wed, 24 Feb 2021 13:43:59 +0000

IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ—and others—use them for maximum impact.

Censorship, Dangerous Speech, and Monopolies

Mon, 08 Feb 2021 16:05:25 +0000

Big technology companies like Google, Twitter, and Facebook have come under scrutiny for the ways they are—and are not—controlling speech on their platforms. In today’s show, we talk with two IJ senior attorneys about some of the most common concerns people have about these companies, from free speech considerations to the ways they supposedly act as monopolies. We consider where the law is now on these issues, weigh some of the options that have been proposed to address them, and discuss ways to look at these questions as they evolve in the coming months and beyond.

Security Guards Assault Innocent Vet at the VA—and Claim Immunity

Fri, 29 Jan 2021 15:13:09 +0000

What should have been a routine dental appointment at his local VA took a frightening turn for 70-year-old Jose Oliva when security guards tackled him and threw him to the ground, injuring and humiliating him. When he sought to hold them accountable for their outrageous behavior, he found that the law protected those who abused their power—not him. In this episode, we dig into his story and what it means for millions of Americans.

This Is What Happens When States Abolish Civil Forfeiture

Tue, 12 Jan 2021 13:49:16 +0000

In 2015, New Mexico abolished a controversial practice known as civil forfeiture. Critics of the reform claimed it would be a gift to criminals, increasing crime and making it harder for police to do their jobs. In this episode, we talk about what things look like in New Mexico now, five years post-reform. We also dig into the broader findings of new research that presents the largest-ever collection of state and federal forfeiture data.

Qualified Immunity: Are Government Officials Above the Law? (A Deep Dive Best Of)

Mon, 04 Jan 2021 15:14:53 +0000

Over the past several months, a national spotlight has been on the doctrine of qualified immunity. Although much of the recent focus has been on police misconduct, immunity shields all governmental workers: from city council members to code inspectors to IRS agents to cops on the beat. That’s more than 20 million people employed by local, state, and federal governments. In this episode, we talk about what the term means and how it came to be, as well as what it looks like in practice and why changes to immunity doctrines are essential to protecting individual rights. (Episode originally aired on 03/06/20.) *Fun fact: Scott was not quoting Phil Collins. He was referring to Thunderclap Newman’s “Something In The Air.”

Property Rights and Homeless Shelters—What Has the Supreme Court Said?

Mon, 28 Dec 2020 14:07:38 +0000

The Catherine H. Barber Memorial Homeless Shelter is the only option for people experiencing temporary homelessness in all of Wilkes County, North Carolina. It’s been serving the community there for more than 30 years, and its record is exemplary. But when the shelter tried to apply for a permit for a new building in an ideal location (near businesses and public transit but far from residential areas) their application was rejected, even though the shelter met all the town’s requirements. In this episode we discuss the situation, and how—and whether—the Constitution applies to local zoning boards issuing permits.

When Can the Government Lock You in Your House? (A Deep Dive Best Of)

Tue, 22 Dec 2020 14:36:07 +0000

With new lockdowns happening all over the country and internationally, we want to revisit the government’s use of police power. Just what does your state have the power to do to protect public health and safety—and when and how can it exercise that power? (Episode originally aired on 04/03/20.)

City Officials Threw an Elderly Woman in Jail for Criticizing Them—Then Claimed Immunity

Mon, 07 Dec 2020 14:42:12 +0000

Special investigators, trumped up charges, and a night in jail. What happened to Sylvia Gonzalez is truly outrageous—and the local government’s reaction to her efforts to hold them accountable is even worse. In this episode, hear Sylvia’s story and the latest in her fight to ensure what happened to her doesn’t happen to anyone else.

Can the Government Require Warning Labels for Veggie Burgers?

Fri, 13 Nov 2020 21:38:17 +0000

In 2020, debates about veggie burgers and almond milk may sound like small potatoes. But controversies about how the government can regulate the way that companies talk about these foods and other products actually have important implications for free speech. In this episode of Deep Dive, we talk about what the debate is, and why it matters.

Law for Non-Lawyers: Precedent

Fri, 16 Oct 2020 14:08:45 +0000

Most people think they know what “precedent” means in the law, but the concept is actually more complicated than most realize! Precedent is ancient, but when senators are grilling judicial nominees about precedent, are they actually using the concept in a much more modern way? In today’s episode, we discuss the kinds of cases that set precedent, how it works, and just how expansive—or limited—precedent can be.

California Says These Firefighters Can’t Work—and the Reason Makes No Sense

Tue, 29 Sep 2020 17:20:36 +0000

Wildfires are raging across the West, and California is grappling with a record-breaking season. Why, then, does the state tell qualified firefighters that they can’t earn a living fighting fires? The state’s irrational law barring people like IJ’s client Dario Gurrola from working isn’t the only one of its kind on the books. Learn more about this and other collateral consequences laws in this episode of Deep Dive.

How Federal Agents Can Legally Take Your Money at the Airport

Tue, 08 Sep 2020 13:38:38 +0000

Law enforcement agencies routinely seize currency from travelers at airports using civil forfeiture—a legal process that allows agencies to take and keep property without ever charging owners with a crime, let alone securing a conviction. In this episode, we discuss the real stories of victims of this abusive practice, the new IJ report—"Jetway Robbery?”—that shows just how widespread it is, and what travelers need to know to protect their property.

Did the Supreme Court Just Say States Have to Fund Religion?

Thu, 20 Aug 2020 13:09:16 +0000

When it handed down Espinoza v. MT Dept. of Revenue this summer, the U.S. Supreme Court added one more facet to a year that has already upended the status quo when it comes to education. In this episode, we discuss where the Espinoza case came from, what the ruling means, and what it really does to the separation of church and state.

It’s Time to Fund Students, Not Systems

Thu, 13 Aug 2020 14:31:16 +0000

With an increasing number of parents desperately seeking educational alternatives for the upcoming school year, teachers’ unions and school districts are doubling down on the status quo. Worse, in many places they are moving to take away options that had been available to parents for years. It has never been more clear that the time has come to move past old ways of thinking about education and put families in control. IJ senior attorney Tim Keller and a special guest, Corey DeAngelis of the Reason Foundation, discuss what a more decentralized, student-centered system would look like, as well as current barriers to change.

Can the Government Put Cameras on Your Property Without a Warrant?

Thu, 06 Aug 2020 20:36:04 +0000

Decades ago, the U.S. Supreme Court created the so-called Open Fields Doctrine. The result was an exception to 4th Amendment restrictions on the government’s ability to snoop on Americans. With a new case in Tennessee, IJ is pushing forward a strategy to restore those limits and protect basic property rights. Learn more about the state of the law—and where we go from here—in today’s episode.

Court Strips Elderly Woman of Her Home and Ruins Her Life

Mon, 13 Jul 2020 18:55:51 +0000

After a tree fell on her house, IJ client Sarah Hohenberg’s journey through Memphis’ Environmental Court left her bankrupt, homeless, stripped of her possessions, and a fugitive from the law. We discuss how this happened—and how IJ’s new lawsuit aims to end this kind of abuse.

Why Won’t the Supreme Court Hold Police Accountable?

Thu, 18 Jun 2020 14:40:37 +0000

This term the U.S. Supreme Court closely considered eight different petitions dealing with the controversial doctrine of qualified immunity. Ultimately, it denied them all. In this episode, we talk about what the Court’s decision means for IJ’s fight for police and government accountability—and where we go from here.

Can the Government Throw You Out of Work? (Not in Some States!)

Thu, 21 May 2020 14:06:24 +0000

With more Americans out of work than any time in recorded history, whether or not they will be able to earn a living is top of mind for many people. All too often, however, courts turn a blind eye to laws and rules that arbitrarily and unnecessarily shut people out of work. Recent state supreme court decisions indicate that’s starting to change—and the revolution can’t come fast enough. We discuss what’s happening—and why it matters—in today’s episode.

Current Legal Challenges to COVID-19 Rules

Thu, 30 Apr 2020 17:37:58 +0000

We’ve all been watching the unprecedented situation with COVID-19 play out. At IJ, we have a particular interest in what’s happening in the law. This episode discusses the kinds of constitutional litigation we’re seeing, as well as legal avenues that can help make life better now and those that lend themselves to longer term strategic litigation.

When Can the Government Lock You in Your House? Quarantines and the Constitution

Fri, 03 Apr 2020 17:27:01 +0000

As we all deal with the many changes in day to day life brought about by the coronavirus pandemic, have you ever wondered just what the government has the power to do to protect public health and safety—and when and how can it exercise that power? In today’s episode, we discuss government police power and the many circumstances in which it is deployed.

How Government Officials Can Blow Up Your House with Grenades – and Get Away With It by Claiming Immunity

Fri, 06 Mar 2020 17:31:37 +0000

Listeners of the podcast who have also listened to IJ’s Short Circuit podcast are probably familiar with the concept of “qualified immunity.” In this episode, we talk about what the term means and how it came to be, as well as what it looks like in practice and why changes to immunity doctrines are essential to protecting individual rights. *Fun fact: Scott was not quoting Phil Collins. He was referring to Thunderclap Newman’s “Something In The Air.”

Stories from IJ’s Front Lines

Mon, 16 Dec 2019 20:23:03 +0000

Before he was IJ’s president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as a litigator, and the ways his cases and clients helped make him and IJ what they are today.

Zoning, Excessive Fines and Other Hot Issues in the Law

Fri, 22 Nov 2019 20:54:09 +0000

We talk with the director of IJ’s Center for Judicial Engagement about a few of the issues the legal community is buzzing about at the moment.

Law for Non-Lawyers – Due Process and Equal Protection

Thu, 14 Nov 2019 20:03:56 +0000

This discussion is a continuation of our foray into law for non-lawyers. Many people are familiar with the concepts of “due process” and “equal protection,” but where are they found in the Constitution, and what do they look like in practice?

Law for Non-Lawyers – Standards of Review

Tue, 29 Oct 2019 19:36:30 +0000

Previewing IJ’s Next Case at the United States Supreme Court

Tue, 17 Sep 2019 18:33:49 +0000

Never heard the term “Blaine Amendments” before? The U.S. Supreme Court’s decision to hear IJ’s educational choice case Ezpinoza v. Montana Department of Revenue is likely to change that. In today’s Deep Dive IJ Senior Attorney Tim Keller and IJ Attorney Erica Smith describe what Blaine Amendments are, why they matter to parents who simply want to direct their own children’s education, and whether these controversial state constitutional provisions can be squared with the protections enshrined in the federal Constitution.

District Works: Improving a City From the Ground Up

Tue, 27 Aug 2019 20:28:33 +0000

When IJ Associate Director of Activism Brooke Fallon started talking to entrepreneurs in Washington, D.C., about their experience doing business in the District, she got an earful about the burdens and challenges they face just trying to get off the ground. The result of those conversations was District Works, an IJ-led project and coalition of small business owners, nonprofits, and community members striving to make it cheaper, faster, and simpler to start a business in D.C. Brooke and Activism Researcher Alex Montgomery talk in this episode about what they learned from entrepreneurs, and how things can change for the better.

Uses (and Misuses) of Amicus Briefs

Tue, 27 Aug 2019 19:40:43 +0000

IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ—and others—use them for maximum impact.